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RESOLUTION REVERSING THE PLANNING COMMISSION’S DECISION TO APPROVE AN INTERIM USE PERMIT FOR AN OUTDOOR LIVING SITE AT 1533 W. ARROWHEAD ROAD.
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CITY PROPOSAL:
RESOLVED, that the city council finds as follows:
(a) That on March 7, 2025, Vineyard Christian Fellowship (“Applicant”) submitted an application (PLIUP-2503-0016) for an interim use permit for an outdoor living site at 1533 W Arrowhead Rd; and
(b) Based on the findings and conclusions in the planning department staff report (Attachment 8), staff recommended approval of an interim use permit, expiring one year following city approval, and subject to the requirement to limit, construct, and maintain the site subject to the criteria in Section 50-20.1.I of the Duluth City Code (“Code”) and the plans attached to the staff report, and several additional terms and condition summarized in the staff report findings and conclusions, including those relating to operational hours and timeframes, sleeping areas, occupancy, emergency shelter, supervision, signage, screening, and vegetation; and
(c) Pursuant to Section 50-37.10 of the Duluth City Code, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider the same in a public hearing at a May 13, 2025, regular meeting; and
(d) The city planning commission, at a Tuesday, May 13, 2025, regular meeting, approved the interim use permit; and
(e) On May 21, 2025, the city received an appeal of the planning commission’s decision to approve the interim use permit from several residents, identified in Attachment 2, a copy of the letter requesting this appeal and summarizing appellants’ opposition to the planning commission’s approval is attached as Attachment 1; and
(f) On May 23, 2025, the planning department notified the Applicant that Section 50-37.1(O)(4)(c) of the Code requires all work, activities, and operations authorized under the interim use permit to stop pending resolution of this appeal; and
(g) Following standard protocol, the city clerk scheduled the appeal for a special hearing before the city council on June 5, 2025, and the city clerk provided notice of the hearing to Appellants and the Applicant; and
(h) The city council heard the appeal at its June 5, 2025, special meeting; and
(i) Based on the entirety of the administrative record and any additional council findings and conclusions made at the June 5, 2025, special meeting, the council finds:
(1) That the Applicant does not meet the use specific standards to operate an interim outdoor living site; and
(2) That the application is not consistent with the comprehensive plan; and
(3) That the application would not allow reasonable use of the land; and
(d) That the application would cause anticipated negative fiscal or environmental impacts on the community.
FURTHER RESOLVED, that the decision of the planning commission to approve the interim use permit for an outdoor living site at 1533 W Arrowhead Road is reversed and the application is hereby denied.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution reverses the planning commission’s decision to approve the interim use permit for an outdoor living site at 1533 W Arrowhead Road. Appellants, identified in Attachment 2, filed an appeal on May 21, 2025.
The planning commission held a public hearing for the request on May 13, 2025. The Duluth city planning commission voted 8 yeas and 0 nays to approve the interim use permit.
City Council Appeal Received: May 21, 2025
Complete Application Received: March 7, 2025
Action Deadline for Application: July 5, 2025